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LLA 2002-378CiAeof La in�a Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL LOT LINE ADJUSTMENT applications are reviewed an Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. T ose of the review allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate fo re®1es1Qd o ce with Municipal Code requirements. 00000000000000000000000 0 000000000 (Print) MAILING ADDRESS I — q ©L I� LIEN (2 5 2 Fax` oo. 'Z(oo) CITY, STATE, ZIP �7 0+-- PROPERTY OWNERSSO p4 L.I �je1 .7 I u^'-44 'Owner "A" Name:. I— l h1Y�L4 A L I 'OE RT 1 G.y 01 n t t�nan 5 Address: 5 G- a5TP 'R2164 Q5.E �ff L> ULhrrA� C Phone: (City) (State) (Zip) *Owner "B" (City) (State) (Zip) Phone: *Attach sheet for additional owners PROPERTY DATA Property A: Assessor's Parcel Number: �i'7 o —3 a O - ©3� Street Address (if any): lZ �� Property B: Assessor's Parcel Number: Street Address (if any): �tJ/JN F Prope Assessor's P umber: Stree ress (if any): DESCRIPTION Kin �� � � R -EQUES J D; ,-"A 1-7/16/97 Appvd 1/6/98 cdl A 16:LLA Or / GL� i� I:..� �1-.w: APPL[GABILITY ' The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. O The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. mINImL1iv" SLtBMISSION RFOUIREMENTS: ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment -_ as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment _ _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the real property in the City of La Quinta County of Riverside State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. A16:LLA 1-7/16197 Appvd 1/6/98 cdi v� GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property in the City of La Quints County of Riverside State of California, described as (Property Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA = approved by the City of La Quints. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment _ _ as approved by the City of La Quinta. ❑ Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new parcels and a plat (8%a" x I I') of the new parcels, respectively (see attached sample Exhibits A and B). ❑ If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned location in relation to new property lines. ❑ Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line Adjustment fee. 4004.O4rG04.-:'S4•C•C.-V4. 4.%% C.C•v6%%r'•C'-:'%% vOv�Yir G00043�OSS SIGNATURE OF APPLI NAME OF APPLICANT SIGNATURE OF PF IF NOT SAME AS ) NAME OF OWNER (Print) SIGNATURE OF PROPERTY OWNER "B" IF NOT SAME AS APPLICANT: NAME OF OWNER K51— DESH 2T (Print) SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) DATE f DATE DATE I Z Y DATE DATE DATE (Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City's application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to enter onto the property to conduct site inspections and to post required public notices. A16:LLA 1-7/16/97 Appvd 1/6/98 cdi P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 20, 2002 Mr. Victor Villenueve MDS Consulting, Inc. 79799 Old Avenue 52 La Quinta, CA 92253 SUBJECT: LOT LINE ADJUSTMENT 2002-382 - LOT 37, TR 25389-3 Dear Mr. Smith: (760)777-7000 FAX (760) 777-7101 VCL E Q u' ° The Community Development Department has reviewed the above referenced application, and provides this letter to advise you that it has been approved. Enclosed are approved Exhibits A and B, and the corresponding grant deed. As the applicant, it is your responsibility to record the above documents with Riverside County. The City cannot file them for recordation on your behalf as we have no ownership interest. The Riverside County Recorder's office can be reached at 909-486-7000 for further information on fees, etc. This letter shall be presented to the County Recorder as verifying City approval of the adjustment, and requesting its recordation. There are utility agencies which may have easements affected by this approval. The City has approved this adjustment based on zoning compliance and correctness of the property descriptions. Any potential conflicts with recorded utility easements should be investigated prior to any construction. By execution of this approval, the applicant agrees to indemnify, defend, and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this lot line adjustment. Please contact me at 760-777-7069 if you have any questions on this matter. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR Wallace Nesbit Associate Planner WN/wn Encl. c: Joseph and Linda Aliberti KSL Desert Resorts, Inc. Jesse Jimenez, Counter Technician - Public Works P:\Wally\Counterfiles\lla2002378.wpd ,RECORD;NG REQUESTED BY AND WHEN RECORDED MAIL TO: KSL DESERT RESORTS, INC. 50-905 Avenida Bermudas La Quinta, CA 92253 Atten: Legal Department MAIL TAX STATEMENTS TO Same as above THE LOT LINE ADJUSTMENT NO.2002-378 GRANTOR DECLARES: APN: above this line for Recorder's Use et al, TRA: 020-025 KSL DESERT RESORTS, INC., a Delaware corporation, and JOSEPH ALBERTI and LINDA ALBERTI, as joint tenants, as owners of the follow described real property in the County of Riverside, State of California: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE "HEREBY ACCEPT AND AGREE TO THE IMPLEMENTATION OF THE REVISED LOT CONFIGURATIONS PURSUANT TO LOT LINE ADJUSTMENT NO. 202-378 AS DESCRIBED AND DEPICTED ON EXHIBITS "A" AND 4°B" ATTACHED HERETO, AS APPROVED BY THE CITY OF LA QUINTA. THE PRIMARY FUNCTION OF THIS INSTRUMENT IS TO PROVIDE CONSTRUCTIVE NOTICE OF THE REVISED LOT CONFIGURATIONS PURSUANT TO GOVERNMENT CODE SECTION 664I2(d), AND TO PERFECT THE INTENT OF SAID LOT LINE ADJUSTMENT AS APPROVED." Dated: 7/�2'316-2- Dated: ! ~ 7 6 2� Dated: KSL DESERT RESORTS%INC., a Delaware corporation 4LY. ICHLITER Executive Vice President Prop.pgaw.capstone.LLA2002-378 STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On d u L- -/ c2 3 2002, before me, BARBARA LARSH, a Notary Public in and for said State, personally appeared LARRY E. LICHLITER, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Said State STATE OF CALIFORNIA ) ss COUNTY OF Stec, 1-t u� ) BARBARA LARSH Commasion # 128542 Notary R bGc - CaOtornia Riverside County NNComm.8pres Uac222004 On �u0if . � 2002, before me, Zan ct State, personally appeared :3326q-j?h 4 1J ,,gis of saand _ e, proved to me on the bastisfactory is subscribed to the within instrumenLand acknowledged to me the authorized capacity, and that by s/her ignature on the instrument which the person acted, executed -Ms instrument WITNESS my It, and official seal. Notary Public in and for said to be the person whose name executed the same Is/he m, or the entity upon' of AARON CRAIG�JACONNWIdAIREA Comm.119545gg ` N e NOTARY PUBLIC CAT06 0 SAW CM CM1Y -.—Y.Cow Ezdnd�t, 2006 Prop.pgaw.capstone. LLA2002-378 Er LOT LINE ADJUSTMENT NO. 2002-378 APPROVED BY THE CITY OF LA QUINTA, COMMUNITY DEVELOPMENT DEPT. By: G,-'Er. Cs Date: Title: Assoc STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) Case No. "4 02 - 3I S E3 Planning Commission ❑ City Council KCommunity Dev. Dept Initials 99 Case No. -77 b Exhibit O With Conditions On 2002, before me, a Notary Public in and for said State, personally appeared personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Said State EXHIBIT "A" LOT LINE ADJUSTMENT NO.2002-378 LEGAL DESCRIPTION: PARCEL A LOT 37, AS SHOWN BY TRACT NO. 25389-3, FILED IN BOOK 276, PAGES 25 THROUGH 29 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF PARCEL 2, AS SHOWN BY PARCEL MAP NO. 24837, IN BOOK 160, PAGES 41 THROUGH 42 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF SAID MAP; THENCE ALONG THE NORTH LINE OF SAID LOT, NORTH 89°57'34" WEST 128.50 FEET TO THE NORTHWEST CORNER OF SAID LOT AND THE BEGINNING OF A CURVE CONCAVE EAST AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°04'22" WEST, THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 60.59 FEET THROUGH A CENTRAL ANGLE OF 27046'24" TO THE SOUTHWEST CORNER OF SAID LOT, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76009'14" WEST, THENCE ALONG THE SOUTH LINE OF SAID LOT, SOUTH 89057'34" EAST 128.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE EAST LINE OF SAID LOT, NORTH 00°02'26" EAST 60.00 FEET TO THE NORTHEAST CORNER OF LOT 37 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,856.568 SQUARE FEET, MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: a I &4eSI CHRIS J. BE H, P.L. . 6588 DATE EXPIRATION ATE: 1 1/03 Approved bZ O Planning Commission 0 City Council ,Community Dev. Dept Initials C<;,-:s Case No. &LA Exhibit ❑ With Conditions iQA12 Rgso # 1 of 2 I.S 61;HR L'P I)-J1-03 A� 0" CAI_'' FILE: G:\43904\LEGALS\LLA-37-02 A.doc 05/15/02 C EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2002-378 LEGAL DESCRIPTION: PARCEL B PARCEL 2, AS SHOWN BY PARCEL MAP NO. 24837, IN BOOK 160, PAGES 41 THROUGH 42 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 37 OF TRACT MAP NO. 25389-3, AS SHOWN IN BOOK 276, PAGES 25 THROUGH 29 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE NORTH LINE OF SAID LOT 37 OF SAID TRACT MAP, NORTH 89°57'34" WEST 128.50 FEET TO THE NORTHWEST CORNER OF SAID LOT, SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE CONCAVE EAST AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76004'22" WEST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 60.59 FEET THROUGH A CENTRAL ANGLE OF 27046'24" TO THE SOUTHWEST CORNER OF SAID LOT, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76009'14" WEST; THENCE ALONG THE WEST LINE OF SAID LOT, NORTH 00°02'26" EAST 60.00 FEET TO THE NORTHWEST CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.310 ACRES, MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 0 CHRI"DATiE: 6588 DATE EXPI1/03 Approved bv: 2M2 Reso # ❑ Planning Commission • City Council Community Dev. Dept Initials ---- Case No ��� °'- Exhibit ❑ With Conditions c, s 6"M Exo. 12-31-03� 2 Of 2 FILE: G:\43904\LEGALS\LLA-37-02_B.dOC 05/15/02 66 EXHIBIT LOT LINE ADJUSTMENT NO. 2002-378 LOT 37 TR. 25389-3, M.B. 276/25-29, AND PARCEL 2, P.M. 24837, P.M.B. 160/41-42 Approved bv: 0 Planning Commission ❑ City Council SCALE 1" =30' MCommu Dev. Dept. T.P.O.B. Initials PAR. B Case No. 1-0 01- 3 4 6 NW COR Exhibit a LOT 37 0 With Conditions N 76'0422„W rR) I N IBT57'34" W 128.50' (N 89'57'34' W 128.50') 3.65'�� I SHEET 1 OF 1 SHEET it II (37. )0') (18.50') (18.50') IReso -r-1 7Z /� ICI PARCEL B PARCEL A P RBA 5.486 AC. I o 7856.568 S.F. NE CDR LOT 37 A=20'" LOT LINE TO BE ADJUSTED R=125.025.00' w L=60.59' 3f �� Nj6pg14E�� z -1, ,-- N 89'57'34 W 128.50' N 89'57'34' W 128.50' tt] C) (-) '�JJ LL, r- r rr �� �- r) 2 R, �5,3DD-3 IME 276/26l20 IMC:112791 NEW LOT LINE j j EXISTING LOT NO. EXISTING LOT LINE — — — LOT LINE TO BE ADJUSTED (N89°57'34'W) PER M.B. 276/25-29 CD w 5' PUE� I► — I I PREPARED UNDER THE SUPERVISION OF: C) z (� V J. a31-03 ExL.OF CAL\FO- CHRIS J. BERGH, L.S. 88 DATE EXP. 12/31/03 LOT LINE ADJUSTMENT NO. 2002-378 CITY OF LA QUINTA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: KSL DESERT RESORTS, INC. Attn: Legal Department 50-905 Avenida Bermudas La Quinta, California 92253 A.P. No.: (Space Above For Recorder's Use) GRANT DEED — LOTLINE ADJUSTMENT NO. 2002-378 FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, KSL DESERT RESORTS, INC., a Delaware; corporation ("Grantor") hereby GRANTS to JOSEPH ALBERTI and LINDA ALBERTI, husband and wife as joint tenants (singularly and collectively, the "Property Owner"), the real property in the City of La Quinta, County of Riverside, State of California, hereinafter described reserving therefrom and subject to easements, rights, covenants, conditions, restrictions and obligations as more particularly set forth in Exhibit 1: That portion of land in Parcel 2 of Parcel Map 24837 in Book 160, Pages 41 and 42 of Parcel Maps, in the Office of the County Recorder of Riverside County, California which is overlaid by the reconfigured shape of Parcel A of Lot Line Adjustment No. 2002-378 ("LLA 378") recorded , 2002 as Instrument No. 2002- in Official Records of Riverside County, California (the "Property). The reconfigured lots are described in Exhibit A and depicted in Exhibit B attached hereto and made a part hereof. "GRANTOR' KSL DESERT RESORTS, INC., a Delaware corporation Larry E. ichliter, Executi e Vice P> sident ' i �I�T71y'Z� . ►]��i�hliii Poo1Stbk.RJTDunes.Ag2002 Page 1 7115/02 STATE OF (�a j Forn d } _ s<, COUNTY OF , 0. 6*1- } On '{'+ 2002, before me, C/a 51-a notary public in and for said state, personally appeared and (-or- proved to me on the basis of satis actf oryevidence) person(s) whose name(s) X/are subscribed to the within instrument and acknowledged to me that heAske/they executed the same in hisAer/their authorized capacity(ies), and that by 4ga4ter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACDBSppI•$ANNEp1354586 L%LAARON E-CAUIRIM mCryru Mayo 6 �+ STATE OF CALIFORNIA } }ss COUNTY OF RIVERSIDE } On ktj a � , 2002, before me, bCLr Gam- ` �r�Li a notary public in and for said state, personally appeared LARRY E. LICHLITER personally known to me .(."- .���to be the person( whose name(S) is/ar4-- subscribed to the within instrument and acknowledged to me that he/slaeAkJerexecuted the same in his/heA4h@ir authorized capacity(iesy, and that by his/lwtleir signature(g) on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary PwIStbk.RJTDunes.Ag2002 Page 2 e BARBA&A Ll Commission # 17B5424 Y4piQy Pubt�c - CaRFomia R•rceaide County PMc-crrw^-Bores°e 22.20 4 7n5/02 I "EXHIBIT 1" RESERVING UNTO GRANTOR, together with the right to grant and transfer all or a portion of the same, easements and rights for the benefit of itself, its successors and assigns, for the benefit of, and appurtenant to, real property in said City, County and State owned by Grantor described as: Parcel B of LLA 2002-378 (hereinafter referred to as either "Golf Course" or the `Benefited Property), and any successors in title to the Benefited Property (the "Benefited Parties'), which shall bind Property Owner and any successors in title to the portion of the Property burdened with such easements as follows: UTILITY EASEMENT. A non-exclusive easement for the construction, installation, use, maintenance, repair, replacement and reconstruction of underground lines, temporary overhead lines, cables, wires, telephone, television, telecommunications, and other purposes, storm water drains and pipes, water systems, irrigation lines or sprinkler systems, equalization lines, water heading and gas lines or pipes and any similarly public or quasi -public improvements or facilities on, over, under, through and across the Property (the "Facilities Easement"), and for ingress and egress over the Property to the extent reasonably necessary to access any of such facilities. SUBJECT TO: 1. RECORD MATTERS. All other covenants, conditions, restrictions, reservations, rights, rights -of -way and easements of record as well as any of such matters that are apparent. 2. ACKNOWLEDGMENT. (a) The activities involved in maintaining the Golf Course landscaping include, but are not limited to, mowing, weed eating, clipping, dethatching, aerifying, fertilizing, overseeding, and irrigation (the "Maintenance"). Grantor and Property Owner agree, that due to the close proximity of the pool and/or spa improvements on the Property to the Golf Course landscaping, the pool, its filtration system and related improvements (the "Pool Improvements') may be impacted by the Maintenance of the Golf Course. Property Owner hereby declares and agrees that Property Owner, its successors or assigns, shall have sole responsibility for the maintenance, repair and replacement of the Pool Improvements located on the Property arising from Maintenance on the Golf Course or otherwise. Property Owner, for itself, its successors and assigns, hereby waives any claim for personal injury or property damage arising out of such Maintenance, except to the extent resulting from the gross negligence or willful misconduct of Grantor, its employees, agents, contractors or representatives. (b) Property Owner hereby declares and agrees that Grantor, its successors and assigns, shall have sole right and responsibility for the selection, location and maintenance of Golf Course landscape components which include, but are not limited to, plants, shrubs, trees, and turf. Property Owner, its successors or assigns, shall not have any rights with regard to the selection, location, or maintenance of golf course landscape components. Property Owner further declares Po 1Stbk.RJTDunes.Ag2002 Page 3 7/15/02 AOL and agrees that by locating the Pool in close proximity to the Golf Course, debris from the Maintenance as well as roots from landscape components, could invade the Pool. Property Owner, for itself, its successors and assigns hereby waives any claim for personal injury or property damage arising out of such debris from the Maintenance and/or roots from landscape components, except to the extent resulting from the gross negligence or willful misconduct of Grantor, its employees, agents, contractors, or representatives. (c) Property Owner agrees to make appropriate written disclosures of the above impacts to all purchasers of the Property. 3. INDEMNITY. (a) Property Owner shall reimburse, indemnify and hold Benefited Parties and their respective officers, directors, agents and employees of the foregoing entities, free, clear and harmless from any and all demands, claims, causes of action, damages, liabilities, liens, losses, costs, charges, penalties, obligations, judgments, fines and expenses, injury to persons or property, including death and, without limitation, attorneys' fees of any kind whatsoever, in connection with, arising out of or by reason of (i) any breach, violation or nonperformance by Property Owner, its agents, servants, employees, subcontractors or invitees, of any covenant or provisions of this instrument or any law, ordinance, rule, regulation or order or by reason of any damage, harm or loss caused by Property Owner' activities under this Agreement, (ii) any losses or damages that arise out of, or in connection with the Maintenance of the Golf Course and any other property owned by Grantor or its affiliates, including without limitation the provisions set forth hereof and any claim of lateral support that may be asserted by Property Owner or any subsequent owners of the Property and (iii) any and all damage, destruction or disruption of service to any Utility Facilities caused directly or indirectly by Property Owner, and/or the Pool. 4. REPRESENTATIONS AND WARRANTIES. Property Owner represents and warrants to Grantor that Property Owner has the capacity and authority to consummate this instrument. 5. MISCELLANEOUS. (a) Except as herein otherwise provided, no amendment, alteration, modification of or addition to this agreement shall be valid or binding unless expressed in writing and signed by the party or parties to be bound thereby. (b) This agreement shall be governed by and interpreted in accordance with the laws of the State of California. (c) This agreement contains the entire agreement and understanding between the parties and there are no terms, covenants or conditions which exist other than those contained herein. ) Pw1Stbk.RJTDunes.Ag2002 Page 7n5/02 (d) If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party shall have and record against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge to be reasonable attorneys' fees. (e) The terms, conditions, restrictions and covenants contained in Grant Deed shall run with the Property and be binding upon all parties having or acquiring any right or title in the Property or any part thereof. U P o1Stbk.RJMunes.Ag20o2 Page 5 7/15/02 i 11 79-799 Old Avenue 52 La Quinta, CA 92253 VOICE: 760.7714013 FAX: 760.771-4073 E-MAIL: mdsla0uintaComdsconsultinu.net NO. OF ITEMS: DESCRIPTION: T D A AI C AA I T T A 1 To: City of La Quinta, Community Dev. Date: November 19, 2002 Address: 78-495 Calle Tampico Job #: 439-04 La Quinta, CA 92253 Attention: Stan Sawa Subject: LLA 2002-378 From: Victor Villeneuve cc: file 1 Ea Originals - Exhibit "A", Legal Description, & Exhibit "B", Depiction for Lot Line Adj. 2002-378 1 Ea Original - Lot Line Adjustment No. 2002-378 1 Ea Originals - Grant Deed for Lot Line Adjustment No. 2002-378 THE ABOVE ITEMS ARE SUBMITTED: FAT YOUR REQUEST I FOR YOUR REVIBV r FOR YOUR FILES C FORYOURAPPROVAL r FOR YOUR USE r FOR YOUR INFO THE ABOVE ITEMS ARE TRANSMITTED: I' HEHBNITH I' VIA DELIVERY I UNDER SEPARATE COVER MESSAGE: EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2002- LEGAL DESCRIPTION: PARCEL A LOT 37, AS SHOWN BY TRACT NO. 25389-3, FILED IN BOOK 276, PAGES 25 THROUGH 29 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF PARCEL 2, AS SHOWN BY PARCEL MAP NO. 24837, IN BOOK 160, PAGES 41 THROUGH 42 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF SAID MAP; THENCE ALONG THE NORTH LINE OF SAID LOT, NORTH 89057'34" WEST 128.50 FEET TO THE NORTHWEST CORNER OF SAID LOT AND THE BEGINNING OF A CURVE CONCAVE EAST AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°04'22" WEST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 60.59 FEET THROUGH A CENTRAL ANGLE OF 27046'24" TO THE SOUTHWEST CORNER OF SAID LOT, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76009'14" WEST; THENCE ALONG THE SOUTH LINE OF SAID LOT, SOUTH 89057'34" EAST 128.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT, THENCE ALONG THE EAST LINE OF SAID LOT, NORTH 00°02'26" EAST 60.00 FEET TO THE NORTHEAST CORNER OF LOT 37 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,856.568 SQUARE FEET, MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: . sses CHRIS J. BERGH, P.L.S. 6588 DATE ��T rr Fob e EXPIRATION DATE: 12/31/03 ` 1 Of 2 FILE: G:\43904\LEGALS\LLA-37-02-A.cloc 04/16/02 ]EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2002- LEGAL DESCRIPTION: PARCEL B PARCEL 2, AS SHOWN BY PARCEL MAP NO. 24837, IN BOOK 160, PAGES 41 THROUGH 42 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 37 OF TRACT MAP NO. 25389-3, AS SHOWN IN BOOK 276, PAGES 25 THROUGH 29 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE NORTH LINE OF SAID LOT 37 OF SAID TRACT MAP, NORTH 89057'34" WEST 128.50 FEET TO THE NORTHWEST CORNER OF SAID LOT, SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE CONCAVE EAST AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°04'22" WEST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 60.59 FEET THROUGH A CENTRAL ANGLE OF 27046'24" TO THE SOUTHWEST CORNER OF SAID LOT, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76°09'14" WEST; THENCE ALONG THE WEST LINE OF SAID LOT, NORTH 00002'26" EAST 60.00 FEET TO THE NORTHWEST CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.310 ACRES, MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: CHRIS J. BERGH, P.L.S. 6588 DATE EXPIRATION DATE: 12/31/03 2 of 2 FILE: G:\43904\LEGALS\LLA-37-02_B.doc 04/16/02 EXHIBIT 99 LOT LINE ADJUSTMENT NO. 2002- LOT 37 TR. 25389-3, M.B. 276/25-29, AND PARCEL 2, P.M. 24837, P.M.B. 160/41-42 22-1/30-37 SCALE 1"=30' T.P.O.B. 1 J/ PAR. B NW COR LOT 37 N 760422 w(R) 128.50 N 85 '34" w¢ \ W (N8.50') 3.65'-� PARCEL B PARCEL A 5.486 AC. I o 0 7856,568 S.F. A=125.0 24" LOT LINE TO BE ADJUSTED R= 125.00' w L=60.59' J / to lRl J �l N16p9�4F"'-� �j N 89'57'34 W 128.50' S N 89'57'34' W 128.50' Ltl L) c\l C�J LL, -R, 233@0-3 i i\A0 276/26 D LEGEND SHEET 1 OF 1 SHEET I , I (37 + (18.50') II I I I I I I I I I LB. A o 0 NE COR LOT 37 i w 5' PUE— I �— I I (18.50') Lv W Q NEW LOT LINE ��,I. J. ,G\ EXISTING LOT NO. PREPARED UNDER THE SUPERVISION OF: 04 EXISTING LOT LINE cr = oz L.S. 6588 — — LOT LINE TO BE ADJUSTED * Exp. 12-31-03 (N89°57'34'W) PER M.B. 276/25-29 sSTF OF CHRIS J. BERGH, L.S. 6588 DATE CAL\F���P MORSE 79J99 Old A . u. 52 EXP. 12/31 /03 rmi Q�wmhml L. Quill ' CA 9ZZ5D 0 0 C 1 C N Vo" 760-7714013 S C H U L T Z FAX: 760-7714077 PLANNERS ENGINEERS SURVEYORS LOT LINE ADJUSTMENT NO. 2002- CITY OF LA QUINTA E LLA-37 C TRACT No. 25389-4 Project: 439-04 Lot Map Check Lot name: PAR A page 1 Tue Apr 16 18:06:36 2002 North: 11034.6366 East: 11246.3134 Line Course: N 89-57-34.0 W Length: 128.5000 North: 11034.7275 East: 11117.8134 curve Length: 60.5914 Radius: 125.0000 Delta: 27-46-23.0 Tangent: 30.9032 Chord: 60.0000 Course: s 00-02-26.0 w Course in: s 76-04-22.5 E Course Out: s 76-09-14.5 w RP North: 11004.6416 East: 11239.1388 End North: 10974.7276 East: 11117.7710 Line Course: s 89-57-34.0 E Length: 128.5000 North: 10974.6366 East: 11246.2709 Line Course: N 00-02-26.0 E Length: 60.0000 North: 11034.6366 East: 11246.3134 Perimeter: 377.5915 Area: 7,857 sq.ft. 0.18 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: N 00-02-26.0 E Error North: 0.00005 East: 0.00000 Precision 1: 7,083,354.7172 0 Page 2 E CITY OF LA QUINTA -0- Community Development P.O. BOX 1504 - LA QUINTA, CA 92253 PH: 760-777-7125 * FAX: 760-777-1233 TRANSMITTAL MEMO TO: Public Works FROM: Wally Nesbit (Ext. 7069) DATE: 05/03/02 CASE(S): LLA 02-378 LOC/SITE: SEE ATTACHED INFORMATION PROPOSAL: Adjust parcel boundary lines per application. PLEASE REVIEW THIS PROPOSAL FOR ANY CONCERNS BY: ASAP (COMMENTS MAY BE LISTED BELOW, SENT UNDER SEPARATE COVER, OR ATTACHED) COMMENTS BY: EXTENSION: ATTACHMENTS AS NOTED H 79-799 Old Avenue 52 La Quinta, CA 92253 VOICE: 760-7714013 FAX: 760-771-4073 E-MAIL: dslag intangmgsco It'g et NO. OF ITEMS: DESCRIPTION: TDAAICAAITTAI To: City of La Quinta, Community Dev. Date: April 16, 2002 Address: 78-495 Calle Tampico Job #: 439-04 La Quinta, CA 92253 Attention: Jerry Herman Subject: Lot Line Adj - Lot 37 From: Victor Villeneuve cc: file 1 Ea Original - Completed City of La Quinta Lot Line Adjustment Application _ 1 Ea Application Fee - Check No. 0015843 in the amount of $250.00 1 Ea Plan Check Fee - Check No. 0015842 in the amount of $100.00 2 Ea Preliminary Title Report 2 Ea Exhibit "A" & Exhibit'B" with Lot Closure Calculations 2 Ea Grant Deed THE ABOVE ITEMS ARE SUBMITTED: r AT YOUR REQUEST r FORYOURREVIEW r FOR YOUR FILES r, FORYOURAPPROVAL FOR YOUR USE r FORYOURINFO THE ABOVE ITEMS ARE TRANSMITTED: r, HEREWITH r, VIA DELIVERY r UNDER SEPARATE COVER MESSAGE: KEDVO FOR PROCESSING � 30 O Z IDAT ) AB$(tiI�EO10 C�(INITIALS) e C E W E APR t 7 2002 Order No. 2196673 First American Title Insurance Company 3625 Fourteenth Street, (P.O. Box 986) Riverside, California 92502 (Area Code 909) 787-1700 MDS CONSULTING 79-799 OLD AVENUE 52 LA QUINTA, CALIFORNIA ATTENTION: VICTOR UPDATE YOUR NO. DATED AS OF NOVEMBER 29, 2001 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. TOM ROBERTS - TITLE OFFICER E Order No. 2196673 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JOSEPH ALIBERTI AND LINDA ALIBERTI, HUSBAND AND WIFE AS JOINT TENANTS (AS TO PARCELS A AND A-1) KSL DESERT RESORTS, INC., A DELAWARE CORPORATION (AS TO THAT PORTION INCLUDED IN PARCEL 2 OF PARCEL MAP 24387) AND KSL LAND CORPORATION, A DELAWARE CORPORATION, (AS TO THAT PORTION INCLUDED IN PARCEL 1 OF PARCEL MAP 24387) (AS TO PARCEL B) THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: IN FEE AND EASEMENT THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 37 OF TRACT 25389-3, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 276 PAGE(S) 25 THROUGH 29, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPT ALL MINERALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, AS SAID SUBSTANCES ARE MORE PARTICULARLY DESCRIBED IN AND RESERVED BY LANDMARK LAND COMPANY OF CALIFRONIA, INC., A DELAWARE CORPORATION, IN THE DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL A-1• A NON EXCLUSIVE RIGHT AND EASEMENT, IN PERPETUITY, ON, OVER, UNDER, ACROSS AND THROUGH THOSE PORTIONS OF THE LAND UPON WHICH ARE HEREAFTER ACTUALLY CONSTRUCTED STREETS, ROADS, DRIVEWAYS, PATHS AND PARKING AREAS FOR (A) PEDESTRIAN AND VEHICULAR (INCLUDING WITHOUT LIMITATION, GOLF CARTS) INGRESS, EGRESS AND RIGHTS OF ACCESS, AND (B) CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND REMOVAL OF UTILITIES, DRAINAGE, IRRIGATION, COMMUNICATION, GOLF COURSE IMPROVEMENTS AND RELATED FACILITIES AS EVIDENCED AND DISCLOSED IN DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Page 2 Order No. 2196673 PARCEL B• PARCEL "B" OF LOT LINE ADJUSTMENT # 90-107 AS APPROVED BY THE CITY OF LA QUINTA AND SHOWN BY DEED RECORDED JULY 6, 1990 AS INSTRUMENT NO. 250591, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 24837 ON FILE IN BOOR 160 PAGES 41 THROUGH 42, INCLUSIVE, OF PARCEL MAPS, RECORDS RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH A 20 FOOT WIDE STRIP OF LAND OVER PARCEL 1 OF SAID MAP AS DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, SAID NORTHWEST CORNER BEING ON THE EASTERLY COACHELLA VALLEY WATER DISTRICT RIGHT- OF-WAY LINE PER INSTRUMENT RECORDED APRIL 1, 1983 PAGE 61390 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 03" 50' 00" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 177.50 FEET TO THE CENTERLINE OF SAID 20 FOOT 'WIDE STRIP OF LAND, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 760 11' 47" EAST ALONG SAID CENTERLINE A DISTANCE OF 185.10 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2, SAID POINT LYING SOUTH 050 46' 18" WEST A DISTANCE OF 30.00 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 2. THE SIDELINES OF SAID 20.00 FOOT STRIP OF LAND SHALL TERMINATE ON SAID EASTERLY COACHELLA VALLEY WATER DISTRICT RIGHT-OF-WAY LINE AND ON THE WESTERLY LINE OF SAID PARCEL 2. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY :FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL PRORATED TAXES FOR THE FISCAL YEAR 2001- 2002. FIRST INSTALLMENT: PENALTY: SECOND INSTALLMENT PENALTY: CODE AREA: A.P. NO.: ASSESSMENT NO.: (AFFECTS PARCEL A) $2,194.39, NOZ $219.44. $2,194.39, N04 $229.44. 020-021. 770-320-037-1. 770-320-037-1. YET DELINQUENT. YET DELINQUENT. Page 3 Order No. 2196673 GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002. FIRST INSTALLMENT: $2,910.96, NOT YET DELINQUENT. PENALTY: $291.10. SECOND INSTALLMENT: $2,910.96, NOT YET DELINQUENT. PENALTY: $301.10. CODE AREA: 020-021. A.P. NO.: 770-320-072-2. ASSESSMENT NO.: 770-320-072-2. (AFFECTS PARCEL B) GENERAL AND SPECIAL FIRST INSTALLMENT: PENALTY: SECOND INSTALLMENT: PENALTY: CODE AREA: A.P. NO.: ASSESSMENT NO.: (AFFECTS PARCEL B) TAXES FOR THE FISCAL YEAR 2001-2002. $4,882.38, NOT YET DELINQUENT. $488.24. $4,882.38, NOT YET DELINQUENT. $498.24. 020-021. 770-040-011-2. 770-040-011-2. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THE FOLLOWING ITEMS AFFECT PARCELS A AND A-1 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED OCTOBER 9, 1990 AS INSTRUMENT NO. 370948 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BUT DELETING ANY COVENANTS, CONDITIONS OR RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. ALSO, AN EASEMENT OVER SAID LAND FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, AS SET FORTH IN THE DOCUMENT ABOVE MENTIONED. SAID EASEMENT IS FOR UTILITIES, ACCESS, DRAINAGE, SLOPES, MAINTENANCE, USE AND ENJOYMENT. DOCUMENTS DECLARING A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE RECORDED NOVEMBER 5, 1990 AS INSTRUMENT NO. 405691 AND MAY 15, 1991 AS INSTRUMENT NO. 162709 BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Page 4 Order No. 2196673 4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. 5. AN EASEMENT FOR (NOT SET OUT) AND INCIDENTAL PURPOSES, RECORDED DECEMBER 2, 1997 AS INSTRUMENT NO. 441388 OF OFFICIAL RECORDS. GRANTED TO: KSL LAND CORPORATION, A DELAWARE CORPORATION. 6. AN EASEMENT AS SHOWN ON THE MAP OF TRACT 25389-3. FOR: PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES. AFFECTS: THOSE CERTAIN AREAS DEFINED AND DELINEATED ON SAID MAP AS BEING 5.00 FOOT WIDE P.U.E.'S. 7. AN EASEMENT AS SHOWN ON THE MAP OF TRACT 25389-3. FOR: ELECTRIC LINES, WIRES, CABLES AND APPURTENANCES THERETO, TOGETHER WITH RIGHT OF INGRESS AND EGRESS FOR MAINTENANCE, CONSTRUCTION, REPAIR, OPERATION AND EMERGENCY VEHICLES AND INCIDENTAL PURPOSES. AFFECTS: ALL DESIGNATED PRIVATE STREETS ON SAID MAP, TOGETHER WITH AN ADDITIONAL 5.00 FOOT WIDE EASEMENT OVER ALL LOTS ADJOINING SAID PRIVATE STREETS. 8. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AGREEMENT", EXECUTED BY AND BETWEEN COACHELLA VALLEY WATER DISTRICT, A PUBLIC AGENCY AND RJT HOMES, LLC, RECORDED MAY 20, 1999 AS INSTRUMENT NO. 1999-219136 OF OFFICIAL RECORDS. 9. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $272,450.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 10, 1999 AS INSTRUMENT NO. 358070 OF OFFICIAL RECORDS. DATED: AUGUST 3, 1999. TRUSTOR: JOSEPH ALIBERTI AND LINDA ALIBERTI, HUSBAND AND WIFE AS JOINT TENANTS. TRUSTEE: CTC REAL ESTATE SERVICES. BENEFICIARY: COUNTRYWIDE HOME LOANS, INC. Page 5 Order No. 2196673 NOTE: ACCORDING TO THE PUBLIC RECORDS, THE BENEFICIAL INTEREST UNDER THE DEED OF TRUST WAS ASSIGNED TO STATE STREET BANK AND TRUST COMPANY AS CUSTODIAN/TRUSTEE BY ASSIGNMENT RECORDED DECEMBER 2, 1999 AS INSTRUMENT NO. 1999-525769 OF OFFICIAL RECORDS. THE FOLLOWING ITEMS AFFECT PARCEL B 10. A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 6 PAGE(S) 370 AND IN BOOK 7 PAGE 370 OF BOTH OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 11. AN EASEMENT FOR COMMUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED APRIL 18, 1969 AS INSTRUMENT NO. 38299 OF OFFICIAL RECORDS. GRANTED TO: COACHELLA VALLEY WATER DISTRICT. 12. AN EASEMENT AS SHOWN ON PARCEL MAP NO. 24837. FOR: A 10 FOOT IRRIGATION LINE. 13. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES, RECORDED JULY 6, 1990 AS INSTRUMENT NO. 250592 OF OFFICIAL RECORDS. GRANTED TO: BROCK HOMEFED COMMUNITIES LA QUINTA. AFFECTS: A PORTION OF SAID LAND. 14. AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES, RECORDED JULY 6, 1990 AS INSTRUMENT NO. 250593 OF OFFICIAL RECORDS. AFFECTS: A PORTION OF THE LAND. 15. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES, RECORDED MAY 13, 1999 AS INSTRUMENT NO. 1999-208107 OF OFFICIAL RECORDS. GRANTED TO: KSL DESERT RESORTS, INC, A DELAWARE CORPORATION AND RJT HOMES LLC, AN ARIZONA LIMITED LIABILITY COMPANY. AFFECTS: PARCELS 1 AND 2 OF PARCEL MAP 24837. 16. A LIEN IN FAVOR OF THE RIVERSIDE COUNTY TAX COLLECTOR FOR DELINQUENT UNSECURED PROPERTY TAXES AS DISCLOSED BY CERTIFICATE NO: 0201558. AMOUNT: $1,230.13, PLUS PENALTY $123.01, AND COSTS, IF ANY. DEBTOR: KSL DESERT RESORTS INC., IN INSTRUMENT RECORDED NOVEMBER 1, 2000 AS INSTRUMENT NO. 433642 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Page 6 Order No. 2196673 NOTE: THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED EFFECTIVE JULY 1, 1999 AT 6:00 A.M., THE WIRING INSTRUCTIONS FOR FIRST AMERICAN TITLE INSURANCE COMPANY RIVERSIDE OFFICE ONLY: FIRST AMERICAN TRUST COMPANY SANTA ANA BRANCH 421 NORTH MAIN STREET SANTA ANA, CALIFORNIA 92701 ABA 122241255 CREDIT TO FIRST AMERICAN TITLE INSURANCE COMPANY DEMAND ACCOUNT ACCOUNT NO. 18012 WHEN WIRING, PLEASE REFERENCE OUR TITLE ORDER NUMBER AND THE TITLE OFFICERS NAME. PLEASE WIRE THE DAY BEFORE RECORDING. PLEASE NOTIFY THE TITLE OFFICER OF YOUR INTENT TO WIRE. NOTE: COPIES OF THIS PRELIM WERE SENT TO: KSL RECREATION PROPERTIES 50905 AVENIDA BERMUDIS LA QUINTA, CALIFORNIA ATTENTION: BARBARA LARSH PLAT ATTACHED/SB/SC Page 7 A 04 05 I€ a I 06 70 ppS 71 v A II n 10 u I] 6 5 I X 9 O8 (AID 7 CD IS Ifi wn PMz n• 3] D? I A) Z 1 I7 5+9 ACk x JfiI i 772 06 I x 5 O6 a IB — 1 7e J5 " �• o I p Isl + O e 19 1 x ]1 o I � X s O a t21 R ]2 • Q. rn »t •' ,nae I � N ,.1 O z ' r.tr I ,xss° 91 62 �1 2J A 21 of se 20 LOT G m�s'� O• �° .e. a. »... n» 'Sx.![° as � u / 772 L�E_m 1 07 a ° m a 69 ! 68 ti�u ?d ��•'e�9�r " m I �— d"K.n �a3a°e3 ee» _•`•••y- uu s,.re ne ».•• 11 » a g3a. �O it FeNmO J (RIVAIE SIiFET)BIREOeVDGE iaag o _•ne9 VOz IJ49 % +J M . b • N evu-• LOT A _ tE _ _ TAMP _ o V i T of-afau 9 772 w e 08 N I' • loop WtE .p 90 J'� WASN/�NGTONN nl A